In a landmark ruling that has sent shockwaves through Ohio’s transgender community and beyond, Franklin County Common Pleas Judge Michael Holbrook upheld the state’s contentious ban on gender-affirming care for minors. The decision, which came down on Tuesday, dismissed legal challenges from the parents of transgender minors and the American Civil Liberties Union (ACLU) of Ohio. The ruling marks a significant setback for transgender rights advocates, who argue that the ban denies essential, life-saving healthcare to transgender youth.
The Ruling and Its Implications
Judge Holbrook, a Republican, concluded that House Bill 68, which encompasses both the Save Women’s Sports Act and the gender-affirming care ban, is constitutional. This decision followed a five-day bench trial in July where civil rights groups presented arguments against the law, citing violations of equal protection, due process, and other constitutional rights.
In his decision, Holbrook stated, “At first glance, there appears to be a disunity of subject matter in the act. Indeed, the substance of the act relates to parental rights with respect to their transgender children as well as transgender adolescents’ access to gender-affirming care and transgender females’ access to interscholastic sports according to their gender or sex to which they identify. However, the law compels this court to conclude that the act contains a common purpose or relationship; namely, the General Assembly’s regulation of transgender individuals. No matter how abhorrent that may be to some, it is a ‘legitimate subject’ for purposes of the single subject rule under the laws of the state of Ohio at this time.”
Response from the ACLU and Transgender Rights Advocates
The ACLU of Ohio, alongside the affected families, has expressed profound disappointment with the ruling. Freda Levenson, Legal Director of the ACLU of Ohio, emphasized the devastating impact of the decision in a public statement. “This loss is not just devastating for our brave clients, but for the many transgender youth and their families across the state who require this critical, life-saving healthcare. While this decision by the court is a genuine setback, it is not the end of the road in our fight to secure the constitutional rights of transgender youth, as well as all Ohioans’ right to bodily autonomy.”
Harper Seldin, a senior staff attorney for the ACLU, echoed these sentiments, underscoring the medically baseless and harmful nature of the ban. “HB 68’s ban on medical treatments for gender dysphoria remains medically baseless and genuinely dangerous to the current and future well-being of transgender youth in the state. We are particularly appalled the court claims the ‘regulation of transgender individuals’ is a legitimate subject for the legislature under the state constitution. Make no mistake — this fight is not over.”
Legal and Political Context
House Bill 68, passed by Republican supermajorities in both the Ohio House and Senate, faced opposition from Ohio Governor Mike DeWine, a Republican, who initially vetoed the bill. Despite his efforts, the legislature overrode his veto, solidifying the bill into law in late January.
The ACLU of Ohio filed a lawsuit in March, seeking to overturn the ban on grounds that it violated the state’s single-subject rule, the Health Care Freedom Amendment, the Equal Protection Clause, and the Due Course of Law provision. While Judge Holbrook initially granted a preliminary injunction to prevent the law’s enforcement, his recent ruling allows the law to go into effect immediately.
Ohio Attorney General Dave Yost has publicly supported the court’s decision, emphasizing the state’s interest in protecting children from making irreversible medical decisions. “The law doesn’t say ‘no’ forever; it simply says ‘not now’ while the child is still growing,” Yost said in a statement.
Impact on Transgender Youth and Their Families
The court’s decision has left many families of transgender youth in a state of despair. The ACLU’s legal battle included testimonies from two 12-year-old transgender girls from the Columbus and Cincinnati areas, who now face the possibility of leaving the state to receive the healthcare they need. The emotional toll on these families is immense, as they grapple with the legal and social ramifications of the ban.
Trans Allies of Ohio, a local advocacy group, expressed deep concern over the potential increase in suicide rates among transgender youth who are denied access to gender-affirming medical care. Sam Shim, a parent of a transgender youth, stated, “I am worried that more children will attempt suicide now that they no longer have access to gender-affirming medical care.”
The Path Forward
The ACLU of Ohio has vowed to appeal the decision, signaling that the fight for transgender rights in Ohio is far from over. This ongoing legal battle underscores the broader national debate over transgender healthcare and the rights of transgender individuals.
Ohio Senate Democratic Leader Nickie J. Antonio criticized the ruling, highlighting its disregard for medical expertise and the lived experiences of transgender individuals. “This law disregards the professional guidance of medical experts and the lived experiences of transgender individuals and upends parental rights while endangering the health and well-being of our youth,” Antonio said in a statement. “I believe this ruling is wrong on the merits, and it clearly defies the will of the majority of Ohioans.”
The Bottom Line
The decision to uphold Ohio’s ban on gender-affirming care for minors is a significant blow to the transgender community and their allies. As the legal battle continues, the resilience and determination of transgender individuals, families, and advocates remain steadfast. The ruling has brought to light the urgent need for comprehensive and compassionate healthcare policies that affirm the identities and rights of transgender youth.
For now, the fight for equality and the right to bodily autonomy marches on, with the ACLU and countless advocates ready to challenge the decision and protect the lives of transgender youth in Ohio and beyond. The voices of those impacted by these laws continue to be heard as this legal drama plays out, calling for justice, comprehension, and most importantly, compassion.
